McCarty v. Carter

This was a petition to establish a mechanic’s lien, brought by Carter, the appellee, against Samuel McCarty, Emily A. McCarty his wife, and Lucy J. Davis, a daughter by a former husband of said Emily A. McCarty. The lot upon which the building had been erected belonged to the daughter, subject to a right of dower in her mother. The appellee had made his contract in writing with Samuel McCarty. On the hear-, ing, the court gave for the complainant the following instruction :

“ If the jury shall believe, from the evidence, that the contract in question was made by McCarty on behalf of himself…